Dear Ajitesh Sanjaykumar Mishra,
I have now completed the assessment of your application for a permanent resident visa as a member of
the Canadian Experience Class and have determined that you do not meet the requirements for
immigration to Canada.
According to the Immigration and Refugee Protection Regulations, applicants in the Canadian Experience
Class are assessed on the basis of the pass/fail requirements set out in subsection R87.1(2). The
assessment of these criteria determines whether a worker with Canadian experience will be able to
become economically established in Canada. The criteria are:
temporary resident status during the qualifying period of work experience in Canada,
meeting the minimum language proficiency threshold in either English or French, and
qualifying Canadian skilled work experience.
Your application was assessed based on the occupation(s) which you identified as part of your skilled
work experience in Canada:
I am not satisfied that you meet the skilled work experience requirements because you have not
provided proof that you have performed the actions described in the lead statement for the occupations
as set out in the occupational description of the NOC 6322. In addition, you have not provided proof of
performing a substantial number of the main duties, including all the essential duties, of the occupations
as set out in the occupational description of the NOC 6322.
Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to an officer
for a visa or for any other document required by the Regulations. The visa or document may be issued if,
following an examination, the officer is satisfied that the foreign national is not inadmissible and meets
the requirements of this Act.
In addition, according to the Immigration and Refugee Protection Act:
11.2 An officer may not issue a visa or other document in respect of an application for permanent residence
to a foreign national who was issued an invitation under Division 0.1 to make such an application if – at
the time the invitation was issued or at the time the officer received their application – the foreign national
did not meet the criteria set out in an instruction given under paragraph 10.3(1)(e) or does not have the
qualifications on the basis of which they were ranked under an instruction given under paragraph
10.3(1)(h) and were consequently issued the invitation.
Section 11.2 of the Act requires that information provided in your Express Entry Profile concerning your
eligibility to be invited to apply (10.3(1)(e)) as well as the qualifications on the basis of which you were
ranked (10.3(1)(h)) be valid both at the time the invitation was issued and at the time the application for
permanent residence is received.
As I have found that you no longer meet the minimum criteria to be eligible to be invited to apply set out
in an instruction given under 10.3(1)(e), you no longer meet the requirements of Section 11.2 of the Act.
I am therefore refusing your application.
You will receive a refund of the Right of Permanent Residence Fee that you have paid.
The decision communicated in this letter constitutes the definitive and final decision on your present
application. Your application will be retained, under current Government of Canada file retention
guidelines, for a period of two years. Your application forms and supporting documents will not be
returned to you. If you should submit a new application it would require new fees and documentation and
would need to meet all the requirements in effect at the time the application is submitted.
You must remove your Job Seeker profile from the Job Bank website as you are no longer an Express
Entry candidate. You must also remove any references that you are a candidate for Express Entry from
any private job board websites, if you used any.
If you still want to come to Canada as a skilled immigrant, you may take steps to improve your
competitiveness and register for Express Entry at a later date. For example, you may try to improve your
language score or gain a higher level of education. However, you must meet the minimum requirements
to enter the Express Entry pool and there is no guarantee that you will be issued another invitation to
apply for permanent residence under one of the immigration programs subject to Express Entry.
Thank you for the interest you have shown in Canada.
Yours sincerely,
Can i ask for a re assisment of my file because my sinp nomination was under the same NOC 6322
my letter of employment also sasys that i was hired as a Breakfast cook/ Lounge cook.
I have now completed the assessment of your application for a permanent resident visa as a member of
the Canadian Experience Class and have determined that you do not meet the requirements for
immigration to Canada.
According to the Immigration and Refugee Protection Regulations, applicants in the Canadian Experience
Class are assessed on the basis of the pass/fail requirements set out in subsection R87.1(2). The
assessment of these criteria determines whether a worker with Canadian experience will be able to
become economically established in Canada. The criteria are:
temporary resident status during the qualifying period of work experience in Canada,
meeting the minimum language proficiency threshold in either English or French, and
qualifying Canadian skilled work experience.
Your application was assessed based on the occupation(s) which you identified as part of your skilled
work experience in Canada:
I am not satisfied that you meet the skilled work experience requirements because you have not
provided proof that you have performed the actions described in the lead statement for the occupations
as set out in the occupational description of the NOC 6322. In addition, you have not provided proof of
performing a substantial number of the main duties, including all the essential duties, of the occupations
as set out in the occupational description of the NOC 6322.
Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to an officer
for a visa or for any other document required by the Regulations. The visa or document may be issued if,
following an examination, the officer is satisfied that the foreign national is not inadmissible and meets
the requirements of this Act.
In addition, according to the Immigration and Refugee Protection Act:
11.2 An officer may not issue a visa or other document in respect of an application for permanent residence
to a foreign national who was issued an invitation under Division 0.1 to make such an application if – at
the time the invitation was issued or at the time the officer received their application – the foreign national
did not meet the criteria set out in an instruction given under paragraph 10.3(1)(e) or does not have the
qualifications on the basis of which they were ranked under an instruction given under paragraph
10.3(1)(h) and were consequently issued the invitation.
Section 11.2 of the Act requires that information provided in your Express Entry Profile concerning your
eligibility to be invited to apply (10.3(1)(e)) as well as the qualifications on the basis of which you were
ranked (10.3(1)(h)) be valid both at the time the invitation was issued and at the time the application for
permanent residence is received.
As I have found that you no longer meet the minimum criteria to be eligible to be invited to apply set out
in an instruction given under 10.3(1)(e), you no longer meet the requirements of Section 11.2 of the Act.
I am therefore refusing your application.
You will receive a refund of the Right of Permanent Residence Fee that you have paid.
The decision communicated in this letter constitutes the definitive and final decision on your present
application. Your application will be retained, under current Government of Canada file retention
guidelines, for a period of two years. Your application forms and supporting documents will not be
returned to you. If you should submit a new application it would require new fees and documentation and
would need to meet all the requirements in effect at the time the application is submitted.
You must remove your Job Seeker profile from the Job Bank website as you are no longer an Express
Entry candidate. You must also remove any references that you are a candidate for Express Entry from
any private job board websites, if you used any.
If you still want to come to Canada as a skilled immigrant, you may take steps to improve your
competitiveness and register for Express Entry at a later date. For example, you may try to improve your
language score or gain a higher level of education. However, you must meet the minimum requirements
to enter the Express Entry pool and there is no guarantee that you will be issued another invitation to
apply for permanent residence under one of the immigration programs subject to Express Entry.
Thank you for the interest you have shown in Canada.
Yours sincerely,
Can i ask for a re assisment of my file because my sinp nomination was under the same NOC 6322
my letter of employment also sasys that i was hired as a Breakfast cook/ Lounge cook.
